Terms Used In Ohio Code > Chapter 3742 - Lead Abatement

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
• Board of health: means the board of health of a city or general health district or the authority having the duties of a board of health under section 3709. See Ohio Code 3742.01
• Child: includes child by adoption. See Ohio Code 1.59
• Child care facility: means each area of any of the following in which child care, as defined in section 5104. See Ohio Code 3742.01
• Clearance examination: means an examination to determine whether the lead hazards in a residential unit, child care facility, or school have been sufficiently controlled. See Ohio Code 3742.01
• Clearance technician: means a person, other than a licensed lead inspector or licensed lead risk assessor, who performs a clearance examination. See Ohio Code 3742.01
• Clinical laboratory: means a facility for the biological, microbiological, serological, chemical, immunohematological, hematological, biophysical, cytological, pathological, or other examination of substances derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease, or in the assessment or impairment of the health of human beings. See Ohio Code 3742.01
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Encapsulation: means the coating and sealing of surfaces with durable surface coating specifically formulated to be elastic, able to withstand sharp and blunt impacts, long-lasting, and resilient, while also resistant to cracking, peeling, algae, fungus, and ultraviolet light, so as to prevent any part of lead-containing paint from becoming part of house dust or otherwise accessible to children. See Ohio Code 3742.01
• Enclosure: means the resurfacing or covering of surfaces with durable materials such as wallboard or paneling, and the sealing or caulking of edges and joints, so as to prevent or control chalking, flaking, peeling, scaling, or loose lead-containing substances from becoming part of house dust or otherwise accessible to children. See Ohio Code 3742.01
• Environmental lead analytical laboratory: means a facility that analyzes air, dust, soil, water, paint, film, or other substances, other than substances derived from the human body, for the presence and concentration of lead. See Ohio Code 3742.01
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• imprisonment: means being imprisoned under a sentence imposed for an offense or serving a term of imprisonment, prison term, jail term, term of local incarceration, or other term under a sentence imposed for an offense in an institution under the control of the department of rehabilitation and correction, a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, a minimum security jail, a community-based correctional facility, or another facility described or referred to in section 2929. See Ohio Code 1.05
• in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
• Interim controls: means a set of measures designed to reduce temporarily human exposure or likely human exposure to lead hazards. See Ohio Code 3742.01
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lead abatement: includes all of the following:

  (a) Removal of lead-based paint and lead-contaminated dust;

  (b) Permanent enclosure or encapsulation of lead-based paint;

  (c) Replacement of surfaces or fixtures painted with lead-based paint;

  (d) Removal or permanent covering of lead-contaminated soil;

  (e) Preparation, cleanup, and disposal activities associated with lead abatement. See Ohio Code 3742.01

• Lead abatement contractor: means any individual who engages in or intends to engage in lead abatement and employs or supervises one or more lead abatement workers, including on-site supervision of lead abatement projects, or prepares specifications, plans, or documents for a lead abatement project. See Ohio Code 3742.01
• Lead abatement project: means one or more lead abatement activities that are conducted by a lead abatement contractor and are reasonably related to each other. See Ohio Code 3742.01
• Lead abatement project designer: means a person who is responsible for designing lead abatement projects and preparing a pre-abatement plan for all designed projects. See Ohio Code 3742.01
• Lead abatement worker: means an individual who is responsible in a nonsupervisory capacity for the performance of lead abatement. See Ohio Code 3742.01
• Lead free: means no lead-based paint is present in any area referenced in division (B) of section 3742. See Ohio Code 3742.01
• Lead hazard: includes lead-based paint, lead-contaminated dust, lead-contaminated soil, and lead-contaminated water pipes. See Ohio Code 3742.01
• Lead inspection: means a surface-by-surface investigation to determine the presence of lead-based paint. See Ohio Code 3742.01
• Lead inspector: means any individual who conducts a lead inspection, provides professional advice regarding a lead inspection, or prepares a report explaining the results of a lead inspection. See Ohio Code 3742.01
• Lead poisoning: means the level of lead in human blood that is hazardous to human health, as specified in rules adopted under section 3742. See Ohio Code 3742.01
• Lead risk assessment: means an on-site investigation to determine and report the existence, nature, severity, and location of lead hazards in a residential unit, child care facility, or school, including information gathering from the unit, facility, or school's current owner's knowledge regarding the age and painting history of the unit, facility, or school and occupancy by children under six years of age, visual inspection, limited wipe sampling or other environmental sampling techniques, and any other activity as may be appropriate. See Ohio Code 3742.01
• Lead risk assessor: means a person who is responsible for developing a written inspection, risk assessment, and analysis plan; conducting inspections for lead hazards in a residential unit, child care facility, or school; interpreting results of inspections and risk assessments; identifying hazard control strategies to reduce or eliminate lead exposures; and completing a risk assessment report. See Ohio Code 3742.01
• Lead-based paint: means any paint or other similar surface-coating substance containing lead at or in excess of the level that is hazardous to human health, as that level is established in rules adopted under section 3742. See Ohio Code 3742.01
• Lead-contaminated dust: means dust that contains an area or mass concentration of lead at or in excess of the level that is hazardous to human health, as that level is established in rules adopted under section 3742. See Ohio Code 3742.01
• Lead-contaminated soil: means soil that contains lead at or in excess of the level that is hazardous to human health, as that level is established in rules adopted under section 3742. See Ohio Code 3742.01
• Lead-safe residential rental unit: means a residential rental unit that has undergone the residential rental unit lead-safe maintenance practices described in section 3742. See Ohio Code 3742.01
• Manager: means a person, who may be the same person as the owner, responsible for the daily operation of a residential unit, child care facility, or school. See Ohio Code 3742.01
• Oversight: Committee review of the activities of a Federal agency or program.
• Permanent: means an expected design life of at least twenty years. See Ohio Code 3742.01
• Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
• Property: means real and personal property. See Ohio Code 1.59
• Replacement: means an activity that entails removing components such as windows, doors, and trim that have lead hazards on their surfaces and installing components free of lead hazards. See Ohio Code 3742.01
• Residential rental unit: means a rental property containing a dwelling or any part of a building being used as an individual's private residence. See Ohio Code 3742.01
• Residential unit: includes a residential rental unit. See Ohio Code 3742.01
• Rule: includes regulation. See Ohio Code 1.59
• School: means a public or nonpublic school in which children under six years of age receive education. See Ohio Code 3742.01
• state: means the state of Ohio. See Ohio Code 1.59
• Undertaking: includes a bond. See Ohio Code 1.02
• United States: includes all the states. See Ohio Code 1.59